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28 U.S.C. § 2323 — Duties of Attorney General; intervenors
Federal law — U.S. Code and appendices · legal_authorities
The Attorney General shall represent the Government in the actions specified in [section 2321 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2321&num=0&edition=prelim) and in enforcement actions and actions to collect civil penalties under subtitle IV of title 49.
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Source file: Laws/federal/codes/united-states-code/title-28/section-2323-duties-of-attorney-general-intervenors--f21d786490.md
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Source location: Title 28, Chapter 157, § 2323; chapter-157-surface-transportation-board-orders-enforcement-and-review.md
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The Attorney General shall represent the Government in the actions specified in [section 2321 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2321&num=0&edition=prelim) and in enforcement actions and actions to collect civil penalties under subtitle IV of title 49.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Supreme Court and all courts established by Act of Congress may from time to time prescribe rules for the conduct of their business. Such rules shall be consistent with Acts of Congress and rules of practice and procedure prescribed under [section 2072 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2072&num=0&edition=prelim).
**(b)** Any rule prescribed by a court, other than the Supreme Court, under subsection (a) shall be prescribed only after giving appropriate public notice and an opportunity for comment. Such rule shall take effect upon the date specified by the prescribing court and shall have such effect on pending proceedings as the prescribing court may order.
**(c)**
(1) A rule of a district court prescribed under subsection (a) shall remain in effect unless modified or abrogated by the judicial council of the relevant circuit.
(2) Any other rule prescribed by a court other than the Supreme Court under subsection (a) shall remain in effect unless modified or abrogated by the Judicial Conference.
**(d)** Copies of rules prescribed under subsection (a) by a district court shall be furnished to the judicial council, and copies of all rules prescribed by a court other than the Supreme Court under subsection (a) shall be furnished to the Director of the Administrative Office of the United States Courts and made available to the public.
**(e)** If the prescribing court determines that there is an immediate need for a rule, such court may proceed under this section without public notice and opportunity for comment, but such court shall promptly thereafter afford such notice and opportunity for comment.
**(f)** No rule may be prescribed by a district court other than under this section.
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 2071
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment.—** The Surface Transportation Board is an independent establishment of the United States Government.
**(b) Membership.—**
(1) The Board shall consist of 5 members, to be appointed by the President, by and with the advice and consent of the Senate. Not more than 3 members may be appointed from the same political party.
(2) At all times—
(A) at least 3 members of the Board shall be individuals with professional standing and demonstrated knowledge in the fields of transportation, transportation regulation, or economic regulation; and
(B) at least 2 members shall be individuals with professional or business experience (including agriculture) in the private sector.
(3) The term of each member of the Board shall be 5 years and shall begin when the term of the predecessor of that member ends. An individual appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of that individual was appointed, shall be appointed for the remainder of that term. When the term of office of a member ends, the member may continue to serve until a successor is appointed and qualified, but for a period not to exceed one year. The President may remove a member for inefficiency, neglect of duty, or malfeasance in office.
(4) No individual may serve as a member of the Board for more than 2 terms. In the case of an individual appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of that individual was appointed, such individual may not be appointed for more than one additional term.
(5) A member of the Board may not have a pecuniary interest in, hold an official relation to, or own stock in or bonds of, a carrier providing transportation by any mode and may not engage in another busines
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 1301
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as otherwise provided by an Act of Congress, a proceeding to enjoin or suspend, in whole or in part, a rule, regulation, or order of the Surface Transportation Board shall be brought in the court of appeals as provided by and in the manner prescribed in chapter 158 of this title.
**(b)** The procedure in the district courts in actions to enforce, in whole or in part, any order of the Surface Transportation Board other than for payment of money or the collection of fines, penalties, and forfeitures, shall be as provided in this chapter.
**(c)** The orders, writs, and process of the district courts may, in the cases specified in subsection (b) and in enforcement actions and actions to collect civil penalties under subtitle IV of title 49, run, be served and be returnable anywhere in the United States.
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 2321
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Federal law — U.S. Code and appendices · legal_authorities
Page 588
TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE
§ 2321
1975—Pub. L. 93–584, § 8, Jan. 2, 1975, 88 Stat. 1918, sub-
stituted ‘‘Judicial Review of Commission’s orders and
decisions; procedure generally; process’’ for ‘‘Procedure
generally; process’’ in item 2321 and struck out item
2324 ‘‘Stay of Commission’s order’’ and item 2325 ‘‘In-
junction; three-judge court required’’.
§ 2321. Judicial review of Board’s orders and de-
cisions; procedure generally; process
(a) Except as otherwise provided by an Act of
Congress, a proceeding to enjoin or suspend, in
whole or in part, a rule, regulation, or order of
the Surface Transportation Board shall be
brought in the court of appeals as provided by
and in the manner prescribed in chapter 158 of
this title.
(b) The procedure in the district courts in ac-
tions to enforce, in whole or in part, any order
of the Surface Transportation Board other than
for payment of money or the collection of fines,
penalties, and forfeitures, shall be as provided in
this chapter.
(c) The orders, writs, and process of the dis-
trict courts may, in the cases specified in sub-
section (b) and in enforcement actions and ac-
tions to collect civil penalties under subtitle IV
of title 49, run, be served and be returnable any-
where in the United States.
(June 25, 1948, ch. 646, 62 Stat. 969; May 24, 1949,
ch. 139, § 115, 63 Stat. 105; Pub. L. 93–584, § 5, Jan.
2, 1975, 88 Stat. 1917; Pub. L. 95–473, § 2(a)(3)(B),
Oct. 17, 1978, 92 Stat. 1465; Pub. L. 104–88, title
III, § 305(c)(1)(B), (C), Dec. 29, 1995, 109 Stat. 945.)
HISTORICAL AND REVISION NOTES
1948 ACT
Based on title 28, U.S.C., 1940 ed., § 44 (Oct. 22, 1913, ch.
32, 38 Stat. 220.)
Word ‘‘actions’’ was substituted for ‘‘cases,’’ in view
of rule 2 of the Federal Rules
Source: Supplied 2024 U.S. Code historical extraction · 28 U.S.C. § 2323
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